by David Goguen, J.D., University of San Francisco School of Law In a personal injury case, money damages are paid to an injured person (the plaintiff) by the person or company who is found to be legally responsible for the accident (the defendant or their insurer). A damage award can be agreed upon after a negotiated settlement -- among the parties, their insurance companies, and their attorneys, for example -- or may be ordered by a judge or jury following a court trial. (To learn more about how insurance companies value a claim after an accident, see Nolo's article How Do Insurers Value an Injury Claim?)
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This step involves a demand for settlement, including a demand letter outlining your case, including liability and damages (injuries, medical bills, lost wages, pain and suffering, loss of life’s enjoyment and future medical care). The letter is then often reviewed by the opposing party, be it an individual, business and/or insurance company. In response to the letter, the opposing party will generally either reject the demand, make a counteroffer or accept it. The demand letter is often the most important impression you will make on the opposing party. Putting a quality letter together, therefore, is critical.
Consult a personal injury attorney for a professional opinion on whether you have a valid claim.
What are my legal rights if I was injured in an accident or because of someone else’s actions?
Top 10 Things NOT to Do When You Divorce Almost all personal injury settlements and verdicts are paid by insurance companies. They will not pay unless they have to. We have a history of fighting the insurance companies and winning.
2010 It is not uncommon for the insurance companies to continually delay the settlement process to see if you will give up and just accept a lower settlement amount. The insurance companies know that people who are severely injured are in need of the money they are trying to claim, and they will use this knowledge to exploit and try to get them to settle quickly and for a less than what they deserve.
California 90025 March 2016 California Wildfires With so many moving parts, personal injury cases and other torts can get complicated. It’s important to hire a knowledgeable and experienced personal injury attorney to advocate for your rights. If you or a loved one has been injured in a personal injury accident, you may be entitled to compensation through a personal injury lawsuit. Contact Ankin Law Office at (312) 346-8780 or (312) 600-0000 to schedule a free, no obligation consultation with one of our Chicago personal injury lawyers.
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Step Four: Filing a Lawsuit in Court - Discovery FILE SUIT Adam Saxe Our Blogs Delaware Phoenix Accidents Take some time to read this article about 10 common misconceptions about personal injury claims.
Making sure your claim is filed on time. 4 Reasons Why a Personal Injury Lawyer Will Not Take Your Case DUI / DWI & Traffic Tickets
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Sign in Have you have been rear-ended coming off of the I-215, and the other party will not admit fault? Maybe a neighbor’s dog bit you while walking in the Del Rosa area. A business you visited in Highland might have had improper safety conditions causing you injury. Whatever your circumstance, if you were injured in San Bernardino, you may have cause to seek legal recourse.
Even if you don’t go to the hospital in the ambulance that arrives, you should still head straight there after all the other necessities are handled. You should also continue to seek necessary medical care if you are still experiencing ongoing symptoms. Just like a denial of emergency care after an injury can be used by the insurance company against you, gaps in medical care will also significantly damage your claim.
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When you meet with an attorney, they can assess if you have a workable case and determine the best course of action for you, with them or without them. Once it is decided if the attorney will take the case, fees will be negotiated.
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